Navigating through the social, political, and cultural world of Columbia, Maryland.

12 December 2012

Watchdog Legislation Goes Public

In my last post, I asked for the Columbia residents that are
proposing legislation to fundamentally change Columbia Association membership
to make their views public.They
have posted their proposal on the Maryland Homeowners Association, Inc
website.To facilitate discussion,
I will repost their work here.I
have some thoughts on this, but would prefer to allow for discussion
beforehand.Please note that the
posting of information below is in no way an endorsement of the language
provided.Take a look and let me
know your thoughts:

First Document:

Rationale and Major Benefits of Being Members of the
Columbia Association (CA)

The sole purpose of the Columbia Association in its Charter
is to operate “for the promotion of the common good and social welfare of the
people of the community of Columbia....” The Columbia Corporation is currently
organized as a nonstock corporation with no other members than the 10 persons
elected by Columbia’s ten villages to the Columbia Council, an organization
that currently does nothing except elect itself to the CA Board of Directors.

The Columbia Council was in theory supposed to be the voice
of the residents who must pay an annual tax-like fee to CA. Now, the Columbia
Council has been made virtually defunct. As to the CA Board of Directors, the
CA hired staff has told the Board that their loyalty as directors should be to
the staff of CA and to the Board itself, and not directly to the Columbia
peoples’ common good and social welfare. Therefore, the exclusion from CA
corporate membership of residents who are required to pay annual fees to CA
amounts to classic ”taxation without representation.”

This legislation would give the following major benefits to
Columbia lot owners:

The ability to meet as members and have a stronger voice on
issues involving how CA operates and collects and spends the money it receives
from members, such as CA’s budget, issuance of debt, changes in the annual
charge CA imposes, and any broad policy question affecting members.

The right to attain fundamental rights, such as ensuring
accountability and transparency within CA, that are normally available to
members of other homeowners associations in Maryland and that are specifically
granted to members by CA’s governing documents.

The opportunity to amend CA’s governing documents as
required to serve the residents of Columbia.

The effective date of this legislation could be moved to
October 1, 2014, to permit ample opportunity for the Columbia Association to
accommodate the expanded membership structure.

Second Document:

PROPOSED AMENDMENTS TO TWO SECTIONS OF THE MARYLAND
HOMEOWNERS ASSOCIATION ACT TO ADD LOT OWNER PROTECTIONS AND TO CLARIFY
DEFINITIONS OF SIMILAR TERMS: “MEMBERS” and “CORPORATE MEMBERS”

§ 11B-113.6Additional protections for lot owners

a) Legislative intent. -- It is the intent of the General
Assembly to provide additional protections to lot owners subject to this Act in
homeowners associations organized as nonstock corporations in which not all lot
owners are corporate members.The
section would grant corporate membership to any lot owner excluded from such
membership.As corporate members,
these lot owners would have the ability to further expand upon the rights
provided by this Act.

b) Definition of corporate member. -- In this section, a “corporate member” is defined by the
provisions of Title 5, subtitle 2, of the Maryland Corporations and
Associations Code.

c)Additional
lot owner protections. -- Any Maryland homeowners association organized as a
nonstock corporation that does not automatically include all lot owners as
corporate members shall add immediately all excluded lot owners as such
corporate members with all rights provided by the corporation’s governing
documents and Maryland law.

§ 11B-101(i)(3) A “member” of a homeowners association is
any lot owner and any other person that the homeownersassociation may wish to designate.

AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2014.

Disclaimer

Just a quick note. My posts on this blog are my own personal thoughts and are not intended to reflect the views or opinions of the Wilde Lake Community Association, it's members, staff, or Board of Directors.